Jackson County Ditch (CD) 3
Location: primarily Ewington and Alba Townships, but also includes sections of West Heron Lake and Rost Townships
Size: provides drainage to approximately 15 square miles or 9,909 total acres
Proposal: consists of cleaning/improving 3 open ditches, constructing 21 new tile branches and 19 new tile sub branches.
Status: The petition for outlet for the existing Lateral 1 was submitted to Jackson County. The Jackson County board held a hearing for this on November 21, 2017. The Jackson County Commissioners voted unanimously to grant the petition contingent upon the approval of the CD 3 improvement project. They also voted unanimously to adopt the benefits and outlet fees as recommended.
An appeal of the Redetermination of Benefits was filed with the court administrator on August 2, 2017. The Jackson County board held a hearing on December 7, 2017 to hear a request for a new Redetermination of Benefits on CD 3. The Jackson County Commissioners voted unanimously to deny a request for a new redetermination based on the fact that there is not reason to change it, that they approve of the method used, and that there is no reason that it is not correct.
The HLWD held Adjourned Hearing 2 on March 29, 2018. Based upon the evidence, the Board of Managers of the HLWD found that the detailed survey report and viewers' report have been made and other proceedings have been completed under Minnesota Statutes Chapter 103#; that the reports made or amended are complete and correct; that the damages and benefits have been properly determined; that the estimated benefits are greater than the total estimated cost, including damages; that the proposed drainage project will be of public utility and benefit, and will promote the public health; and that the proposed drainage project is practicable.
On April 17, 2017, the Board of Managers of the HLWD approved the Findings of Fact and Final Order Establish Drainage Project, Adopting and Confirming Viewers' Report of Improvement Benefits and Damages, Authorizing the Application of Separable Maintenance, and Direcint Construction of the Project.
Alba Grain, Inc. filed an Appeal from the Final Order for Jackson CD 3 with the Jackson County Auditor on May 15, 2018. Informational statements were filed with the District Court on September 25. A scheduling conference was held on October 2.
The judge's order was issued on October 8. Depositions were to be completed on or before November 2. Discovery and disclosure of experts or rebuttal witnesses were to be completed in full on or before December 31. A motion hearing, dispositive or non-dispositive shall be held on January 15, 2019. A Pre-Trial Conference shall be held by phone on March 12, 2019. The court trial is scheduled for March 21 and 22, 2019. The alternative dispute resolution process of mediation shall be used in this matter and shall be completed in full on or before March 1, 2019.
Location: Sections 1, 2, 11, 12, and 14 in LaCrosse Township and Section 7 in Weimer Township
Size: 985 acres
Project: open ditch and drain tile system with two tile branches
Status: Project was constructed in 1973. ROB was ordered on March 20, 2017. ROB hearing was held on May 25, 2017. An adjourned hearing was held on June 27, 2017. The Findings and Order Approving the ROB was signed on August 14, 2017.
HLWD Project 4
Location: Sections 15, 16, 17, 20, 21, 22, 23, 26, 27, 28, 34, and 35 in LaCrosse Township
Project: open ditch
Status: Project was constructed in 1976. ROB was ordered on March 20, 2017. ROB hearing was held on May 25, 2017. An adjourned hearing was held on June 27, 2017. The Findings and Order Approving the ROB was signed on August 14, 2017. The HLWD approved the Findings and Order for Reestablishment of Records at their October 24, 2017 meeting. An information meeting regarding the possibility of consolidating HLWD Projects 4 and 84-4A was held on December 6, 2017. Several landowners voiced concerns regarding this proposal.
Location: Sections 16, 17, 20, 21, and 28 in LaCrosse Township
Project: open ditch
Status: Project was constructed in 1985. ROB was ordered on March 20, 2017. ROB hearing was held on May 25, 2017. An adjourned hearing was held on June 27, 2017. The Findings and Order Approving the ROB was signed on August 14, 2017. The HLWD approved the Findings and Order for Reestablishment of Records at their October 24, 2017 meeting. An information meeting regarding the possibility of consolidating HLWD Projects 4 and 84-4A was held on December 6, 2017. Several landowners voiced concerns regarding this proposal.
Jackson County Judicial Ditch (JD) 30
Location: Sections 7, 8, 16, 17, 18, 19, 20, 21, 27, 28, 29, and 30 of Heron Lake Township and Section 13 of West Heron Lake Township
Size: 3,483 acres
Proposal: several improvements to Open Ditch No. 2, replacement of an Open Ditch No. 1 field crossing, relocation of an Open Ditch No. 1 field crossing, replacement of a portion of Branch F, construction of a woodchip bioreactor at the Branch F outlet, and the construction of a new lateral named Branch F-4.
Status: bid was awarded to Hutton Drainage & Excavating, Inc. of West Concord. Construction began in 2016. The Final Acceptance Hearing was held on December 6, 2017. Damages payments were made on March 20, 2018.
Jackson County JD 30 Branch A-1
Location: Section 18 of Heron Lake Township
Size: 135 acres
Proposal: installation of 2,879 feet of 18-inch tile at a grade of 0.10% and the construction of a woodchip bioreactor at the Branch A-1 outlet.
Status: same as JD 30 above
Jackson County JD 30 Branch A-1 Lateral
Location: Section 18 of Heron Lake Township
Size: 135 acres
Proposal: installation of 51 feet of 18-inch buried tile at a grade of 0.10%, which will extend the proposed Branch A-1 improvement underneath 430th Avenue in order to provide drainage to approximately 45 acres of the Branch A-1 watershed west of 430th Avenue.
Status: same as JD 30 above
Jackson County JD 19
Location: primarily located in Hunter and Heron Lake Townships. The JD 19 mainline tile begins in Section 12 of Hunter Township and spans across Sections 2, 3, 11, and 12 of Hunter Township and Section 34 of Heron Lake Township where it oulets into an intermittent stream which leads into JacksonCounty JD 3. Other tile branches drain land from Section 34, 35, and 36 of Heron Lake Township; Sections 1, 2, 3, 10, 11, and 12 of Hunter township; and Section 6 of Des Moines Township.
Size: 3,168 acres
Proposal: The entire system is replaced and flow from Branch L in Sections 1 and 12 of Hunter Township would discharge directly into the Department of Natural Resources (DNR) wetland on the south side of County State Aid Highway 14. The farmland surrounding the DNR wetland would be protected with berms where necessary.
Status: Final Engineering Report submitted, DNR and BWSR comments received. Final hearing held on September 28, 2017, project approved. Findings and Order were approved at the HLWD meeting on October 24, 2017. The bid was awarded to Svoboda Excavating, Inc. on February 13, 2018. A preconstruction meeting was held on March 22, 2018. Construction began in 2018. Project newsletters are available at the links below.
Final Hearing Minutes
Jackson County JD 14
Location: Sections 15, 16, 21, 22, and 23 in Heron Lake Township
Proposal: improve the main line and existing lateral by increasing the drain capacity and outlet
Status: petition was accepted and engineer appointed on April 18, 2017. Preliminary Engineering Report submitted, DNR comments received. The preliminary hearing is scheduled for January 25, 2018 at 10:00 a.m. at the Heron Lake Community Center. Based upon the evidence, the Board found that the proposal, as stated in the petition, is feasible, and there is a necessity for it. Additionally, the Board found that the public benefit is greater than the environmental impact of the drainage project and that the outlet is adequate; therefore, it is appropriate for the Board to direct the engineer to proceed with a detailed survey and to issue its order appointing viewers.
On April 17, 2018, Ron Ringquist, Dan Ruby, Greg Tusa, and Chuck Bowers were appointed as viewers for the proposed JD 14 improvement project. The first draft of the FER was submitted on September 17, 2018. The document was reviewed and returned to ISG for revision.
Jackson County JD 3
Location: Sections 20, 21, 22, 25 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of West Heron Lake Township; Sections 30, 31, 32, 33, and 34, of Heron Lake Township, including a portion of the City of Lakefield; Section 36 of Alba Township; Section 1 of Ewington Township; Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12 of Rost Township; and Sections 3, 4, 5, 6, 7, 8, 9, and 17 of Hunter Township, including a portion of the City of Lakefield
Proposal: improve the main line, its branches, and its exising laterals by increasing the drain capacity and outlet
Status: petition was submitted on April 5, 2017. The petition was accepted and engineer appointed on May 16, 2017. A request for a redetermination of benefits was submitted to the Jackson County board. They held a meeting on December 7, 2017 to consider this request. Kurt Deter, Rinke Noonan briefed the county drainage authority that it may want to look into the option of transfering authority for the ditch system to the HLWD according to Minnesota Statutes 103D.625. The transfer of authority would alleviate the confusion that has transpired in the Jackson CD 3 proceedings. The commissioners tabled the request.
Transfer of authority was discussed with Tim Stahl, Dave Macek, Kevin Nordquist, and Jan Voit on May 31. By the time a hearing would be scheduled and held, it would be the end of July. The viewers cannot work during the summer months when crops are in the fields. It was everyone's belief that waiting until fall to have the preliminary hearing and ordering the redetermination of benefits at that time would be the best course to follow. That would save the ditch system additional hearing costs.
Because only a portion of the ditch system is being improved, the HLWD would only be able to order the ROB for a portion of the system. Following the October 16 meeting with Dave Macek, Kevin Nordquist, and Ron Ringquist, Louis Smith, HLWD legal counsel was contacted. He agreed that the best course of action was for Jackson County to turn over authority to the HLWD. That information was relayed to Kevin Nordquist.
Jackson County has received a legal opinion from Rinke Noonan regarding the $2 million cap and watershed district drainage authority. The legal opinion supports the HLWD as drainage authority. Attempts have been made to schedule a meeting with the commissioners to discuss this. So far no date has been chosen.
HLWD Project 6
Location: Sections 14, 15, 16, 21, 22, 23, and 26 of West Heron Lake Township
Project: clean out and deepend approximately 2.3 miles of existing open ditch, completed in 1980.
Status: A hearing for the correction of the Final Order for Project 6 to abandon tile replaced by the improvement project was held on July 20, 2016. The managers determined an error was made in the final order for Project 6, which failed to abandon tile lines which were replaced by the improvement. The Final Order for Project 6, dated May 10, 1978 was corrected.
On October 3, 2018, Dave Macek, Kevin Nordquist, and Jan Voit met with Sandy and Lloyd Kalfs. The purpose of the meeting was to discuss the 2003 USFWS easement on the kalfs property and their Project 6 assessment. It was determined that the next step would be to meet with Ron Ringquist and discuss the lands benefitted and property values for the system.
On October 16, 2018, Dave Macek, Kevin Nordquist, Ron Ringquist, and Jan Voit met. The purpose of the meeting was to review the records, lands benefitted, and land values for Project 6. It was recommended that the board order a ROB.
The Order for the ROB to HLWD Project 6 was drafted, reviewed by HLWD legal counsel, and approved. The Findings and Order Initiating the Redetermination of Benefits and Appointing Viewers for HLWD Project 6 were approved on December 18, 2018.
Jackson County JD 31
Location: Sections 8, 9, 10, 15, 16, 17, 18, 19, 20, 29 and 30 of West Heron Lake Township
Size: 4.1 square miles
Project: Construction of an open ditch system generally following the route of the main tile system across Sections 17 and 20 of West Heron Lake Township. Proposed laterals replaced the function of themain tile across portions of Sections 19 and 20 and replaced the function of Branch 7 across protions of Sections 17 and 18.
Status: Project is completed. Final Acceptance Hearing was held on January 21, 2015.
Nobles CD 12
Location: upper watershed of Okabena Creek within the City of Worthington from the intersection of Diagonal Road and Oxford Street at the west end of the city.
Project: A 12.9-acre flood storage basin, referred to as the I-90 Basin, is proposed south of the existing I-90 culvert crossing. Constructing this basin will provide additional flood storage, reduce the ponding elevation at the I-90 embankment, and will reduce upstream flood elevations. This basin would have a total storage volume of 77.2 acre-feet. Construction of the I-90 Basin would need to occur prior to the enlargement of any upstream crossings. The project also proposes enlargement of both the East Oxford and oslo Street crossings. The East Oxford crossing improvement would replace an existing eight foot by ten foot box culvert with a ten foot by fourteen foot box culvert. The larger box culvert would accommodate increased discharge and reduce upstream peak water surface elevations and reduce flood elevations between Oxford and McMillan streets. The East Oxford culver enlargement would need to occur prior to the Oslo Street improvement. The Oslo Street corssing improvement would replace an existing 84" pipe with a ten by ten foot box culvert. This increase in capacity will reduce upstream flooding.
Status: Hearing held March 30, 2017. Subject to the requirement that the petitioner shall obtain all required permits and all necessary rights-of-way and flowage easements from owners of land affected by the project, the Board authorized the project and issued its order in accordance with M.S. 103E.227, Subd. 5. The order was issued on April 25, 2017. The HLWD approved the permit application for erosion control during and after construction at the meeting on April 17, 2018. Construction will begin in 2018.
Murray County JD 13
Location: Sections 9, 10, 15, 16, 22, 23, 26, and 27 of Bondin Township
Size: 4.2 square miles
Project: an open ditch and tile improvement from Sections 8 to 27
Status: project is completed; Final Acceptance Hearing was held on April 15, 2002.
Drainage Project Locations Map